One of the most worrisome aspects of an on the job injury is the corresponding loss of wages.
The loss may lead to great financial strain and additional stress on an employee already trying to recover from physical or occupational injuries.
To assist the injured worker, Colorado’s workers’ compensation laws provide wage replacement during the period of temporary total or partial disability. The injured worker may receive the maximum allowable benefit or an amount less than that depending on the individual worker’s wages and degree of disability.
Wage Replacement Explained
If an employee is unable to work more than three shifts or more than three days as a result of an on the job injury, the employee may be eligible to receive a form of wage replacement called temporary disability.
Temporary disability begins on the fourth day and continues until one of the statutory conditions that triggers termination occurs, like the employee is able to return to work. Wages during the period of temporary disability, whether total or partial, are paid every two weeks.
Temporary Total Disability vs. Temporary Partial Disability
There are two types of temporary disability statutes in Colorado temporary total disability (TTD) and temporary partial disability (TPD). The distinguishing factor is whether the disability is total or partial. The determination is made by the medical professional that treats the injured worker.
1. Temporary Total Disability: TTD is due when the injured worker is temporarily totally disabled and unable to earn any wages.
2. Temporary Partial Disability: TPD is due when the injured worker returns to work before reaching a maximum medical improvement (MMI) or is released to return to work with modified duties that reduce hours worked and wages earned or in circumstances where the injured worker is earning less than the average weekly wage (AWW).
When Temporary Disability Benefits End
Temporary disability benefits are paid every two weeks and end when the injured worker is able to satisfy one of the following conditions:
- Returns to work at pre-injury wage.
- Is authorized to return to work by his or her treating physician.
- Receives an authorization from his or her treating physician to return to work under modified duty or with an accommodation.
- Fails to appear at medical appointment necessary for the continuation of temporary disability benefits.
- Treating physician determines that the injured worker has reached maximum medical improvement (MMI).
- Insurer requests to modify, suspend, or terminate benefits for other reasons not listed above.
Call An Arvada, Colorado Workers Compensation Attorney Today
John Anderson has fifteen years of experience as an Arvada, Colorado Workers Compensation Attorney handling workers compensation claims from the perspective of the insurance companies. He can put this experience to work for you and help you reach the best possible outcome in your case. Proudly serving the communities of Adams County and surrounding cities. Complete the online form or call to schedule a consultation about your worker’s compensation claim without delay.